Bill Hodges Truck Co. v. Gillum

OPALA, Vice Chief Justice.

The issues presented for review are: 1) May proof of a changed condition be effectively dispensed with by an employer’s in-court stipulation never sought to be withdrawn with leave of the trial tribunal? and 2) Did the worker meet his burden to establish that the heart transplant he seeks should be approved as a “reasonable and necessary” expense incident to recovery from a compensable accidental injury? We answer the first question in the affirmative and the second in the negative.

I

THE ANATOMY OF LITIGATION

On August 20, 1982 and May 22, 1983 Wilton Ray Gillum…